HomeMy WebLinkAboutOrdinance-2007-1383
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 02-2007
Ordinance No. -1.3..8.3.-
Series of 2007
TITLE:
AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE DEVELOPMENT REVIEW
PROCESS
WHEREAS, City of Wheat Ridge City Council commissioned a year
long study entitled Repositioning Wheat Ridge, which included several
recommendations concerning revitalization efforts in the City; and
WHEREAS, one of those recommendations was to implement a revised
development review process and adopt standards that achieve the objectives of the
Repositioning Wheat Ridge study; and
WHEREAS, the City Council desires to amend certain sections of the
Zoning and Development Code to encourage revitalization of the City and
implement the development objectives of the Repositioning Wheat Ridge study.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 26-103 (Site Development) is hereby amended as follows:
A. All site development within the city, including S:r:gle-fcHdy fl0U::::::lg shall be
required to follow the procedures and satisfy the requirements set out below prior to
development. "Site development," as used in this chapter, is a general and inclusive term,
and is defined in section 26-123. The developer is required to attend in person or by
authorized representative, all meetings at which the project is considered, unless
otherwise notified by the pbr~1ffig community development department. Nc site
development of property may b~ ini:tated, The use of property may not be substantially
changed, sOOstGr::-iaI-ek::ri.ng,gfatEc.g; 5i.~.l-iI:g or excavation ma:,' FD: 3~cnneneed, and
buildings or other substantial structures may not be constructed, erected, moved or
substantially altered except in accordance with and pursuant to one (1) or more of the
approvals listed in the review process chart. Clearing, grading, filling or excavation
may be commenced subject to the approvals required in this chapter and pursuant
to section 26-623.
B. All site development must also obtain building and construction permits pursuant to
the uniform codes adopted by the city, and must comply with all other applicable sections
contained within this chapter and chapter 5. All applications for building permits,
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exclusive of single and two-family dwellings, shall comply with the applicable
standards set forth in the Architectural and Site Design Manual.
C. In addition to the requirements of this chapter, the provisions of section 5.1.1 of the
Wheat Ridge Home Rule Charter, pertaining to building height and density limitations,
apply.
D. All applications for approval of site development pursuant to this chapter shall be
accompanied by proof of ownership by the applicant of the subject property. Such proof
may take the form of a recorded deed, a title commitment, or a power of attorney from
the owner(s) where an agent acts on their behalf. In the case of application for special use
permits, both the owner of the property and proposed special use must join in the
application.
Section 2. Sections 26-112 (Private Rezoning) C and D are hereby amended as
follows:
C. Applicationform and review procedure:
1. Prior to submitting any application for a change of zone, the applicant shall be
required to hold a neighborhood input meeting. (See section 26-109 A. for
requirements. )
2. Reserved.
3. Applications for change of zone shall be submitted on notarized forms
provided by the department of community development and shall be accompanied
by:
a. Proof of ownership ofland (copy ofthe property deed).
b. A certified boundary and improvement survey, at a scale of not less
than one (1) inch equaling one hundred (100) feet.
c. A legal description of property under consideration (exact description
of area to be rezoned, described in bearings and distances, tied to a section
corner).
d. Appropriate fee.
4. All applications shall also be accompanied by written information in sufficient
detail to convey the full intent of the applicant, to justify why a change of zone is
appropriate, and shall include:
a. Need for the change of zone.
b. Present and future effect on the existing zone districts, development
and physical character of the surrounding area.
c. Access to the area, traffic patterns and impact of the requested zone on
these factors.
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d. Availability of utilities.
e. Present and future effect on public facilities and services, such as fire,
police, water, sanitation, roadways, parks, schools, etc.
f. A discussion of the relationship between the proposal and adopted
plans and/or policies of the city.
g. Any additional materials necessary to adequately review the proposal.
D. Criteria for review. Be.ferc:: :::hange of zone >un:, be approved, th~ ;}~Ii€'aB-t Gh~U
she'll, ::nd :he city council Ghdl fuld: The city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
1. ~hat:.fle The existing zone classification currently recorded on the official
zoning maps of the City of Wheat Ridge is in error; or
2. ~h:::-a A change in character in the area has occurred due to installation of
public facilities, other zone changes, new growth trends, deterioration, or
development transitions, and that the evidence supports the finding of at least
four of the following:
a. That the The change of zone is in conformance, or will bring the
property into conformance, with the City of Wheat Ridge
comprehensive plan goals, objectives and policies, and other related
policies or plans for the area; and
b. Tha:---tlte The proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived; and
c. That there There will be social, recreational, physical and/or economic
benefits to the community derived by the change of zone; and
d. T~r::: ~d~q:H:{a Adequate infrastructure/facilities are available to serve
the type of uses allowed by the change of zone, or that the applicant
will upgrade and provide such where they do not exist or are under
capacity; and
e. ~hc:---tfle The change of zone will not adversely affect public health,
safety or welfare by creating excessive traffic congestion, creating
drainage problems, or seriously reducing light and air to adjacent
properties; and
f. Ts.a:-tfle--::;hangJ of zone wi~l not-efec~~ ::r.. iG{)~ntsd--c:- 3~~~:me district
unrelated tc ::Kljc:::ent or nearb:,'--afCu::::. ,
3. The application is in substantial compliance with the applicable standards
set forth in the Architectural and Site Design Manual.
Section 3. Section 26-114 (~pecialJ.Jse) D is hereby amended as follows:
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D. CrUeriafor review. Befef~:: sfe::;:al :.l::::~::::: ayynwed, thJ ;:<-pp-l:'*HT: sk:U sho';;.,and
tfle-eJITlill:.lni:y de'.'elopment director 0:- ~{:y council ~l 5sd, the proposea 5~e:::ia! ~
The community development director or city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
[1.] Will The special use will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons residing or working in the
neighborhood. of the proposed use.
[2.] Will The special use will not create or contribute to blight in the
neighborhood by virtue of physical or operational characteristics. of the proposed
'\:lSe;-
[3.] Will The special use will not create adverse impacts greater than
allowed under existing zoning for the property. adversely affect the adequate
ligfl: ~nd ~i:-, sJr cause s:-gs::x;.m:t J:f, '.v-atef-or r.Dise pollution.
[4.] Will The special use will not result in undue traffic congestion or traffic
hazards, or unsafe parking, loading, service or internal traffic conflicts to the
detriment of persons whether on or off the site.
[5.] Will The property ee is appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be in harmony and
compatible with the character of the surrounding areas and neighborhood,
especially with adjacent properties.
[6.] Will The special use will not overburden the capacities of the existing
streets, utilities, parks, schools and other public facilities and services.
[7.] ~i:t.9fY There is a history of compliance by the applicant and/or property
owner with Code requirements and prior conditions, if any, regarding the subject
property.
[~.] !~b:~ity of the a~p-~:ffiffi-o:- :lr.:,'~:::::ni:4ed 5'dooessor }:l }3:erest to
continuously nieet the conditiJnc Df the proposed permit.
[9.] Other factJfc :-slevant to the speci5i.::: ::yp-~:satieH-:
[8.] The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design ManuaL
Section 4. Section 26-115 (Variances) Band C are hereby amended as follows:
B. Application requirements. All requests for a variance, waiver, temporary permit or
interpretation, as described herein, shall be made by the filing of an application, together
with the required fee and supporting documentation.
1. Where a request covered within this subsection is made a part of another
administrative process, then both fees shall be imposed.
2. Documentation required:
a. Copy of the deed for the property.
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b. Power of attorney if the applicant is not the owner of the property.
c. Property survey if the request involves relationship of structure(s) to lot lines
or lot area.
d. Reasons for filing an appeal or variance request. Requests for variances
must include a brief description of the evidence supporting the conditions
under which a variance can be granted as found in subsection (C) 4 hereof.
e. A "to scale" site plan.
f. Architectural elevations for any new structures.
&: g. Posting certification (to be submitted at the hearing to the clerk).
eo h. Other information which the applicant, the director of community
development or the hearing authority determines is necessary in order to
adequately evaluate the application.
C. Variances and waivers:
1. Mffief Administrative variances or '.Y-aWers (ten (10) fifty (50) percent or
less): The director of community development is empowered to decide upon
applications for mffief administrative variances 3:- V;-aWers from the strict
application of any of the "development standards" pertaining to zone districts in
article II and Sections 26-501 (Off-Street Parking) and 26-502 (Landscaping
Requirements), and 26-603 (Fencing) and Article VII (Signage) of this
chapter, which apply throughout the various zone district regulations and in other
situations which may be specifically authorized in the various sections, without
requirement of a public hearing, under the following conditions:
a. The variance Of '::-aWef does not exceed ten (10) fifty (50) percent of
the minimum or maximum standard; and
b. The director of community development finds that a majority of the
"findings of fact," criteria as set forth in subsection ~ (C) 4 hereof,
are substantially complied with and support the request; and
c. The director of community development has notified adjacent property
owners by letter notice and posting ofthe site at least ten (10) days prior to
rendering his decision, and that no objections have been received during
such ten-day period. Any objections must be received in writing and be
directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request
will not be considered grounds for objection.
d. That no additional dwelling units would result from approval of such
. .
vanance or WaIver.
e. ~h~{--tfle In no instance shall the community development director
hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter nor shall the limitations of Charter
section 5.10.1 are not be exceeded.
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2. Administrative Variance Appeals: A decision by the community
development director to deny an administrative variance or any conditions of
approval imposed by the community development director may be appealed
to the Board of Adjustment and shall follow procedures in accordance with
Section 2-61. A written appeal shall be submitted by the applicant to the
community development department within 10 days of such administrative
decision.
~.3. Variances and \vaivers of more than ten (10) fifty (50) percent: The board of
adjustment is empowered to hold public hearings to hear and decide only upon
appeals for variances and '.vaivers from the strict application of the development
standards pertaining to zone districts in article II, sections 26-501, 26-503, 26-603
or Article VII of this chapter. Where a variance or \vaiver is made a part of
another administrative process, such as a change of zone, subdivision or a formal
site plan or development plan review which requires a public hearing before the
planning commission and/or city council, then the planning commission and/or
city council shall be empowered to decide upon such variance or ','.'aiver request
concurrent with such other process; however, in deciding such variance or waiver
the planning commission and/or city council shall be subject to the voting ratio as
applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section
2-53 *-41-. In no instance shall the board of adjustment hear or grant a variance as
to use or as to an activity or development which is prohibited by this chapter or by
section 5.10.1 of the Charter.
J.. 4. Revie\v criteria and findings of fact Criteria for review: The
community development director, board of adjustment, planning commission or
city council shall base its decision in consideration of the extent to which the
applicant demonstrates a majority of the following faets criteria Hweffibk :3
the q~i7~:::;(}m, have been met est::b~i5s~d ~y :he evidence:
a. Cm ~ The property in question would not yield a reasonable return in use,
service or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located+.
b. IHfle The variance were-&::r.~ would tt not alter the essential character of
the locality+ .
c. The applicant is proposing a substantial investment in the property with
this application, which would not be possible without the variance.
d. Does the The particular physical surrounding, shape or topographical
condition of the specific property involved results in a particular and unique
hardship (upon the owner) as distinguished from a mere inconvenience if the
strict letter of the regulations were carried out+ .
e. E-G-3 tse The alleged difficulty or hardship has not been created by any
person presently having an interest in the property+-.
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f. Weffid tss The granting of the variance would not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located, by, among other things,
substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and
air to adjacent property, substantially increasing the congestion in public streets
or increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood+-.
g. The unusual circumstances or conditions necessitating the variance
request are present in the neighborhood and are not unique to the
property.
h.. -l: ::::-::::::.9.:: Cl. th:-oog..\ ;,}. ::{'e--feffild, :.bm:, vlOuld the granting of the vx:::r.se
f::5'.:iH ir. :: :~mefit or cor:t:-:~::tion to the neighborhood or the C3:li:E.lR'r:t:i,--as
distinguished fro.-n ~1 inawtda:~ benefit on the ~:::-: of the [}Yl/~i€aHt, weala
g:-::stffig Granting of the variance would result in a reasonable accommodation
of a person with disabilities+-.
i. Is--the The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
4 5. Expiration: Any variance granted by the board of adjustment or director of
community development shall automatically expire within one hundred eighty
(180) days of the date it was granted, or within such other time as the board of
adjustment or director of community development may prescribe, unless a
building permit for the variance is obtained within such period of time. If the
building permit expires, the variance shall expire at the same time. Extensions of
time may be granted by the community development director for good cause
shown, but only if an application for the extension is made prior to the expiration
of the variance.
Section 5. Section 26-116 (PBG) D 3 is hereby amended as follows:
3. Standards for review: The director of community development and/or planning
commission shall have the right to approve, establish necessary conditions and limitations
in approving, or deny an application for a planned building group; provided, that the
following standards shall be applied in such approval, denial or in establishing such
conditions and limitations. In revie'N:hb :.oc p~cr.E.sd :~lding grouy aypHea#oc, :.fie
following :;h:U C8 considered: The community development director or planning
commission shall base its decision in consideration of the extent to which the
applicant demonstrates the following criteria have been met:
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a. Whether the The proposed plan ts-e;}oo.:::;teffi complies with the s;id ::sa
intent of the zoning and development code and of the C~ml'rc-~::: p-~Grr and
that it \vould is not be contrary to the general welfare of the immediate
neighborhood and economic prosperity of the city. or :.fi::: ir.:maffiate
neighborhooj ~d-that :.fle.-.p-~ has bee:-: p-:-epared to achieve the benefit of
improved design;
t. Whether there ~fS provided :::-: ::::lequate a:m3'dst ::r:d y:-OPC:- bcation of
f**lor..t.:-:::n ,;yays \yalks, mull", aH:d l..indscaped B~:Y.:-eS t~ frevent ped~BtE;:<-F. l.:se--ef
~~h:~'dbr '1,'.aj'S zi pnrh:-r; Bf:::ser:-, ~~::l to sepcrc}::: ;x::aesb-;m ;WlyS v/alkB, nx:~~3
afld ?:.lb~k t:-{lr.~;Ofta#c-G ::r:d loading places from genc:-cl '/et~",~IG.r :::irculation
llreus fx.:~i:ies;
c. Whether th::: p-kr. provides f3:- prJper heig..~, orientatiBs xxi location of signs
oo:R~~:ible with adjacent ar~z ur.d '.'lith respect t3 t:-c~'fic control devices;
d. 'Nhether adequate and convenien: ~Frar.gement :s J'fo'.'ided fc-:- rJadv.'ays,
drive\yays, off sk'8e-! y::if~<::Fr; and loading space, facilities f{)r ,yaste dispoSQ~ ::F.a
iE 1.:lli.ir.::}: 9fl;-
e. 'Nhether ext:::::1(l~ Jffects of th::: p-~::r. ::rc-eB:l.:ralled, :r,dud1-:-:6"' 1.J:'::-Hot ~:f:l::-ed
t3 movement and congestion of traffic, u:-:-dllgement 0: :::r:g-iS, ?~::~ing of lighting
de>ri-:::~s ~3 yfSvent :hJ oo::;l.::-:-snce of nu}Sa:-:<>~B, ~;}j :h~ Fs>.'8r.t:~;} of-..tfle
ae6'dn::.lk:ion of litter and :fdSh-;
f. '.\lfletflc:- :ht: y~Dposed d~F.::;i:y (if residen:i-d) and character of deveLy.ueHt-ts
€&:::yati1.J~e...with the predo-n:.:n~:lt-:::x.<:c:::ter of surrounding uses and development.
go b. The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 6. Sections 26-308, 26-309, 26-310 and 26-311 (Planned Development)
are hereby amended as follows:
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
addition shall be filed with the department of community development prior to issuance
of a building permit. In some instances, platting is required and the plat can be processed
concurrently with the final planned development request. Article IV ofthis chapter
should be consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) distinct steps in establishing a planned
development: an outline development plan and a final development plan. +fle-O'dt~i.ls
4welC}Y.3.ent plan may be "ubini~ted for consideratior. ~:,.-itself-or :t :::J:;-ge-e0>.r:.~::-18d
8
witt ~ 5i.s~~ Htw:::b~eftt p-~::r.. '.\Then the outline de'.'elopment p~'::s iB so:n~r.ed ',"'lith final
i/~C.S3, ~.';,'o (2) se~urate-a:-[}'.Y.ffig3 a:-e required. The rezoning and outline development
plan step is approved through a public hearing process. Once the zoning and
outline development plan have been approved, the final development plan can be
approved administratively subject to the provisions of Section 26-308 D.4. All
informational requirements of the respective plans shall be met.
B. Subdivision/platting. Subdivision or plat review may be carried out simultaneously
with the review of final development plans. All requirements of the subdivision
regulations for a final plat, if applicable, must be satisfied if there are any parcel divisions
created, or if there are any dedications for streets, easements or other public purposes, or
if a previously approved subdivision is amended in any way by the proposed
development. In cases where subdivision is to occur simultaneous with final development
plan review, the applicant shall submit separate sheet(s) in addition to the subject
development plan.
C. Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development District. The outline
development plan is the zoning and general concept step. It provides generalized graphic
and written information on layout, uses and intended character of the development and
must provide enough information for the review bodies to determine how the
property will be developed.
1. Submittal requirements.
a. Appropriate fee.
b. Evidence of neighborhood meeting Neighborhood meet:.r-{; E.attee (see
section 26-109).
c. Complete and notarized application. The application must include a
detailed description of the request, responses to the rezoning criteria and
discussion regarding conformance to the design principles in the
Architectural and Site Design ManuaL
d. Proof of ownership, such as copies of deeds or title commitment.
Reserved.
e. Written authorization from property owner(s) where an agent acts on
behalf of the owner( s). Reserved.
f. Survey of the property.
g. Mineral rights certification form.
h. The outline development plan as described below.
i. -f. Names, addresses, telephone numbers of architects, surveyors, and
engineers associated with the preparation of the plans.
j. g; Additional information may be required, including, but not limited to,
drainage study and plan, grading plan, geological stability report, traffic impact
report, floodplain impact report, or general environmental impact report.
2. Form and content of the outline development plan. The maps which are a part of the
outline development plan shall be made at a scale of not less than one (1) inch equals one
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hundred (100) feet. The size of the sheet shall be twenty-four (24) inches by thirty-six
(36) inches and must comply with the Jefferson County Clerk and Recorder's
requirements. The drawings may be in geH-~-a! sefl~ffi::~:s--fetm sketch site plan format
and shall contain the following minimum information:
a. Ownership/unified control statement. A list of all existing owners of real
property included within the proposed Planned Development District, and a
written statement which describes anticipated future ownership character (i.e.
single ownership, partnership, condominium, etc.), and which indicates proposed
manner of maintaining unified control throughout the planning, development, use,
operation and continued maintenance of the planned development.
b. Character of development. A written description of the general character of
the development and of the objectives to be achieved by the particular
development concept being proposed. This statement shall include, but not be
limited to, the manner in which the proposed development meets or exceeds the
intent of the Planned Development District as stipulated in section 26-301 c.; the
proposed architectural and site design concepts, building materials (type, textures
and colors); specific concepts by which the proposed development will make an
orderly transition from existing adjacent development including buffering,
pedestrian access and specific concepts for the use and landscaping of all public
and private open spaces. It is the intent of this requirement that the applicant
provide a clear, concise statement for the reviewing authorities to better
understand the proposed development concept and upon which their decision
regarding the proposal can be based.
c. The existing topographic character of the land at a contour interval of two (2)
feet if the slope is less than ten (10) percent and five (5) feet if the slope is greater
than ten (10) percent.
d. A "to scale" sketch plan showing general indication of access to the
property, areas to be landscaped, parking areas, building locations, buffering,
pedestrian linkages on site and to adjacent sites, and any other design
features such as plazas, courtyards, outdoor seating areas or other areas of
interest. The drawing shall include existing conditions on properties adjacent
to the proposed development, including but not limited to buildings,
easements, landscaping, topography and other improvements.
e. Property boundaries as per accompanying legal description.
f. Existing and proposed lot lines, easements and rights-of-way on and adjacent
to the site.
g. Adjacent zoning, land use, streets, streams, etc.
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h. Location of all existing streets, alleys, easements, drainage areas, irrigation
ditches and laterals within and adjacent to the site.
i. Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
j. .:\pprJ;I.:m:.:e 10eati3n :';lj extent 0: ::r:.j Of use areas.
k j. Any significant vegetation or land use features within or adjacent to the site
which may influence development.
h k. When located within a regulated 100-year floodplain, designation of areas
subject to a 100-year flood shall be provided. Both the floodway and flood fringe
areas shall be shown. Development within 100-year floodplains, including fill or
excavation, is regulated by article VIII.
1ft- 1. Scale (no less than one (1) inch equals one hundred (100) feet) and north
arrow.
H-: m. Small-scale location map as an inset which shows the subject property
centered within a quarter-mile radius.
67 n. Proposed name of the planned development.
fT.' o. A general indication of the expected utilization of the land and a list of uses
to be permitted in the development.
tr. p. Legal description (metes and bounds) of total site, including area.
f-: q. Project data for the entire site and including, by phase, maximum building
area and percent, paved area and percent, landscape area and percent, number of
lots, minimum lot sizes and dimensions, net density, gross density, etc.
5-:- r. Development time schedule by phase.
{.; s. Required certifications.
t. Proposed development standards including setbacks from perimeter
property lines, building height, building coverage, building separation, and
landscaping.
u. Proposed standards for parking, architectural design, landscaping,
signage, lighting and fencing.
v. Aerial perspective or "birds'-eye-view" image ofthe project showing
building location, layout, bulk and height in three dimensions.
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w. Architectural elevations showing approximate building height and
proposed architectural materials. The drawings should be of sufficient detail
to illustrate the massing, height and general character of the proposed
structures.
3. The outline development plan shall be recorded with the Jefferson County Clerk and
Recorder and, therefore, must meet their requirements for recordation.
4. The following certifications, in addition to the required surveyor's certificate, shall
also be placed upon the outline development plan:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of section 26-121 of the Wheat Ridge Code of Laws.
Signature of Owner( s) or Agent( s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal
My commission expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval this day of
Ridge Planning Commission.
, by the Wheat
Chairperson
COMMUNITY DEVELOPMENT DIRECTOR
Approved this
Council.
ATTEST:
CITY COUNCIL CERTIFICATION
day of , by the Wheat Ridge City
City Clerk
Mayor
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CITY SEAL
COUNTY CLERK AND RECORDERS CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5. Outline development plan review Reviev.' procedures:
a. Staff review: Upon filing of an application and other required documents,
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to
scheduling the application before planning commission.
b. Planning commission hearing. The planning commission shall hold a public
hearing pursuant to the public notice requirements of section 26-109. The
planning commission shall recommend approval, approval with modifications or
denial of the outline development plan, stating the reasons for its
recommendation. The recommendation shall be forwarded to city council.
c. City council hearing. The city council shall hold a public hearing pursuant to
public notice as required by section 26-109. The city council shall approve,
approve with modifications or deny the application.
6. Optional Process: Conceptual outline development plan. In those instances when
an applicant wishes to rezone a specific property, but does not have a specific
development plan in mind, a more conceptual outline development plan can be
submitted. This conceptual development plan shall serve to only address allowed
uses and development standards for the property, and must contain all items listed
in subsection 2a through 2u of this chapter. The conceptual outline development
plan will be processed consistent with subsections 5 and 6 of this chapter. A note
shall be added to any conceptual outline development plan which states:
"This outline development plan is conceptual in nature. Specific development
elements such as site layout and building architecture have not been addressed on
this document. As a result, a non-administrative amendment to this outline
development plan must be submitted and approved by the City of Wheat Ridge
prior to the submittal of a final development plan and any subsequent site
development. "
A final development plan may not be submitted for any property for which a
conceptual outline development plan has been approved. A non-administrative
13
amendment to the outline development plan must be submitted which addresses all
aspects of subsection C2 of this chapter and shall be reviewed and processed
consistent with the requirements of this chapter. At such time that an amended
outline development plan has been approved, a final development plan may be
submitted and reviewed in accordance with subsection D of this chapter.
€t7. Recordation. All approved outline development plans shall be recorded with the
Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be
submitted to the community development department within sixty (60) days of council's
final action. Should a recordable approved outline development plan not be provided to
staff within sixty (60) days of council's final action, staff shall schedule a public hearing
before city council and city council shall reconsider its approval. A one-time, thirty-day
extension for mylar submittal may be requested from the community development
director. The request must be submitted in writing prior to expiration of the sixty-day
time limit showing evidence of good cause for not meeting the deadline.
8. An outline development plan accompanies a zone change request. Approval of a
final development plan is required prior to the issuance of a building permit for any
site development, except for single and two family planned residential developments
exempted by Section 26-308 D. Applications for final development plan and plat
approval MAY NOT be submitted concurrently with the outline development plan
applications
D. Final development plan. The final development plan provides the final engineering
and site design details for final approval of one (1) or more phases of development
approved through a planned development process. The final development plan
application and building permit application may be submitted concurrently.
Planned residential developments, or portions thereof, comprised exclusively of
detached single or two family dwellings are not required to complete a final
development plan process.
1. Submittal requirements:
a. Appropriate fee.
it: b. Complete and notarized application.
:&.- c. Proof of ownership, such as copies of deeds or title commitment.
e-: d. Pov.'er of attorney Written authorization from property owner(s) where
an agent acts on behalf of the owner(s). Reserved.
e. Survey of property.
f. Mineral rights certification form.
g. Final development plan. (see 2. below)
4- h. Names, addresses and telephone numbers of architects and engineers
associated with preparation of the plans and plat.
e:- i. Copies of proposed agreements, provisions, covenants, condominium
declarations, etc., which govern the use, maintenance and continued protection of
the planned development and any of its common areas and facilities, and which
will guarantee unified control.
14
t; j. Additional information may be required, including, but not limited to,
geological stability report, traffic impact report, civil engineering plans,
floodplain impact report or general environmental impact report.
2. Form and content ofthefinal development plan. The final development plan (shall
be consistent with the approved outline development plan. The final development plan
shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and
contain the following:
a. Legal description of the entire planned development, and if the final
development plan is for only a portion ofthe site, a legal description of that
portion of the site included within the final development plan.
b. A site plan showing proposed grading, structure footprints, roads, on
and off-street parking, pedestrian areas (plazas, sidewalks and paths),
easements/rights-of-way, site drainage and retention. The drawing shall
include conditions on properties adjacent to the proposed development in
sufficient detail to illustrate continuity and compatibility of site elements.
c. Location, extent, type and surfacing materials or all proposed walks, paved
areas, turfing and other areas not covered by buildings or structures.
&.- d. Location, size, type, height and orientation of all signs.
4 e. A schematic landscape plan whid: ;:f<Wides showing location, type, and
size and quantities of all existing (to remain) and proposed plant material and
other landscape features and materials. Common and botanical names of all plant
materials shall be indicated. Location Areas and type of irrigation system shall
be indicated.
&.- f. Location, extent, types 0: F.:::{3:-:a~:::: ::md height 0: cl~ ';/::Hs ::md fences.
Elevations of walls and fences with illustrations and notations as to types of
materials and heights.
t; g. A photometric plan showing exterior Exterior lighting readings and a
listing of the exterior lighting devices including manufacturer, type, height,
location and orientation. Footcandle readings are to be shown across the
property and extending beyond property lines.
g. L33::t:on, extent, I:13.xirn:..HH--h::::gl:t, nu:-nter of floors ::i:d total floof ::f;3:: 3:HHt
ooik1::1;[; Rf:3 structures.
-~. To:d :-:UmCSf of dw~~kr:; units.
h. A table showing total floor areas of all buildings and number, size and
type of dwelling units.
i. Elevations and perspective drawings of the site including all proposed
structures and improvements, indicating architectural style and building materials.
+fle-3f;:<-'.vffigB r.:::~t tJ thJ fesult of xn::! :::-:::hitectural desigr. ~:l: of sufficient
detail to p~-m-:: evaluatios 3:the proposed structures.
j. Gf: mf3:::t y::rkif:g Parking and loading plan which indicates the size, location
and number of on and off-street parking and loading spaces and which shows the
proposed circulation of vehicles and pedestrians within the planned development
and to and from existing or proposed public thoroughfares. Any special
15
engineering features and traffic regulation devices needed to facilitate and ensure
the safety of this circulation pattern, including fire lanes, must be shown.
k. Indication of all proposed uses for all buildings, structures and open areas.
Outside storage and display areas must be indicated if proposed. Description of
any proposed temporary or interim uses of land or existing buildings prior to
development in accordance with the approved final development plan,.
1. A development schedule indicating the Uyyrm:.:r.x:te date on '.vhich
eOilJtr~~tion of the project J::r. hs expected :.c ~gin ar.d approx:"J::lte dates v.'hen
eo-...,}:R:::1><*toc ';;:11 C~~rp~3~ phasing sequence. If a multiphased project,
indicate times for each phase.
m. The final development plan fand p-~:::i shall be recorded with the Jefferson
County Clerk and Recorder and, therefore, must meet their requirements for
recordation.
3. The following certifications, and approvals, in addition to the required surveyor's
certificate, shall also be placed upon the final development plan fand p-k~:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of final
development plan does not create a vested property right. Vested property rights may
only arise and accrue pursuant to the provisions of section 26-121 of article I of the
Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires
NOTARY SEAL
P-b,'\.~P.'IING COM~!~~&~GN-C:E~~IFIC^~ TION
Ree~.m:mZlnded br :lWf3'/::~ :.flt3 <lay-&f
Ridge Pl~n..liag-G3m:..'hisd..8ft:-
, by the 'Nheat
Gh~i:-y8fSOO
COMMUNITY DEVELOPMENT DIRECTOR
Approved this
Crl=f' '1
~~()'.P.''<:l..
CITY GQ1J~IGlL CERTIFICATION
day of , by the City of Wheat Ridge
ATTEST:
16
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By: Deputy
4. Final development plan review RC'dc~t' procedures:
a. Staff review. Upon filing of an application and other required documents, the
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to final
approval. scheduling the application before the planning C~:l"r}s:iO::.
lr.-~h'ill:ng-€effi::::GGio..l ~J-::''';rr:g', ~kr.r.i:lg commissio3. ~k::E kDld a public
hearing pHma::::: to the requirem:::GtB Jf section 2~.. ~aE pkH:1in; 30llilliisB:o..'1
B~r::~~ :-86~L.I:1end to city COUF.o:~ ~ppr<Wal, upvKY;al-wtth. mudifications, or denial
3tt::~sg the reasons for action.
c. City coun::;{~ hx:-:n~3r. f86:::ipt &f.tfl~ p-~::r.:..lin~3I:lLr:3{;:afrs
fe63llillisndation, city council sbd1--fleld ~ p-~~~i&-ft:::c:i.-n; f1:irzucnt to the
req:1-::-sments of secti~ 26 109. City coun::;:J sh::l~ q:;ynw~, ~prJYe with
modifications or deny the cppEsatiefu
b. The community development director shall approve a planned
development final development plan based on the following criteria:
1. The proposed final development plan conforms with the
approved outline development plan and incorporates all
recommended changes, modifications and conditions of approval
imposed by City Council.
2. The proposed final development plan is consistent with
the permitted uses on the approved outline development plan.
3. The proposed final development plan meets the
requirements of an FDP.
4. The proposed final development plan complies with all
applicable standards and regulations of Chapter 26 and the
Architectural and Site Design Manual, unless modified through the
outline development plan process.
17
c. The community development director may approve, deny or approve the
proposed fmal development plan with conditions. In the case of a denial by
the community development director, or if the applicant objects to conditions
of approval imposed by the community development director, the applicant
may appeal the decision to City Council at a public hearing within thirty (30)
days of the decision.
d. Recordation. All approved final development plans shall be recorded with the
Jefferson County Clerk and Recorder. Such plans, and associated recording fees,
shall be submitted to the community development staff within sixty (60) days of
council's the community development director's final aetieH: approval. Should
a recordable approved final development plan not be provided to the staff City
within sixty (60) days of council's final action, the community development
staff shall sffieti.'.{~~ Q public fl:::rr:1g bef-ore city eoun~~ and--aty-exr-dl sh::E
reconsider its previous approval. A one-time, thirty-day extension for mylar
submittal may be requested from the Community Development Director. The
request must be submitted in writing prior to expiration of the sixty-day time limit
showing good cause for not meeting the sixty-day deadline.
5. Expiration of final development plan approvals; reapplications.
a. Construction shall commence in accordance with the development schedule
specified on the recorded final development plan.
b. Extension of the development schedule specified on a recorded final
development plan shall require amendment to the final development plan.
c. A new application for substantially the same development application may not
be refiled for one (1) year after denial.
Sec. 26-309. Application of standards.
A. Detailed specifications and standards which should have been set forth on an
approved outline and final development plan, but which were found subsequent to
approval to have been omitted, may be interpreted by the community development
director to be those specifications and standards set forth in the zone district in which the
approved uses contained within the final development plan would be permitted.
B. The supplementary regulations of article VI apply to uses and activities within
planned development districts, unless otherwise provided in the approved final
development plan.
C. lfthe outline and final development plan does not address a particular development
standard, the standard of the zone district which most closely matches the planned
development as determined by the community development director shall be used.
18
D. The owner of any property who or which feels aggrieved by such determination may
appeal the determination pursuant to the provisions of section 26-115.
E. If the development standards specified on a recorded outline development plan do not
meet the current standard, a final development plan can be approved consistent with those
standards on the recorded outline development plan. This provision does not apply to
requirements listed under article IV Subdivision Regulations.
F,. +e-;'ary ffc-:n :.fie rE.irr}m:.:m develcprE.2lnt standards established OF. :: recorded outline
development pb;:, ::1: ars6nded outline de,.'ebpniaffi-p~m>. :3-fe:.:t:R:-ed \vhen the variance is
less-:oos :re:::B:-c.:H-sfleti niiI:ir.:las. Ne :r...r:.sndment is reij,liirsd if the variance is greater
tn.."t: t1:e-est:::E-3s:::a rn-isiS'::.lE: B:anda-rd.
C. To '/dfj'-f:-3ni fu::: Btth'ldards set forth or: :: recorded 5i.Fra! aev.ebpoent plan, an
amended f:n;x dtwe!oi7.=-J-.-:: if~OC i3-fe~u:fed '.vhen the V~....im:3~ in lass than the est::tli3fled
lY.}:lir.::..'."B.. "!'I &-affi€E.an:ent is required if the '.'ariance is gr:x:te:- tt~E. tRe-x{::b~isfletl
::'r::xnan: s:andard.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(outline or final) shall be the same as prescribed for original approval, except as provided
for under subsection fIij (C) below. All applications for amendment to an outline
development plan must be approved in writing by all owners of real property contained
within the area originally approved by the outline development plan, unless specific
alternative provisions have been approved by city council as part of the unified control
agreement. All applications for amendment to a final development plan must be approved
in writing by all owners of real property and owners of interest contained within the
parcel or phase of the planned development where the amendment is being requested. If
the amendment affects the provisions for access, drainage, utilities and/or circulation,
affected property owners must consent to the application for amendment in writing.
B. Outline development plan amendments.
Amendments to the underlying outline development plan are required and will be
processed the same as prescribed for original approval if anyone of the following is
proposed:
19
1. Increase in the gross floor area of structures e.: J','~r ten (1 Q) pef6effi beyond
the authorized maximum allowed with on the approved outline planned
development plan. 1;)::{ n3: to exceea lY.: ::1:::rease of ten thousand (10,000) square
feet
2. Proposed land uses are not permitted on the approved outline
development plan.
3. Increase in density or intensity of use.
4. Decrease in perimeter setbacks.
5. Reduction in required buffer areas.
6. Increase in height of any structures.
.g.,. C. Final development plan changes.
A final development plan may vary from the approved outline development
plan so long as the thresholds for an outline development plan amendment are
not met as set forth in subsection B above. Variations include, but are not
limited to, re-orienting buildings and parking lots, changes in landscaping
areas, changes in architectural details, changes to interior setbacks and similar
changes that do not affect neighboring properties or the overall character of
the development. At no time can approval of a final development plan result in
any increase beyond a maximum development standard or any decrease below
a minimum development standard listed on the outline development plan. If
any of these conditions occurs, the outline development plan must be amended
as described in subsection B. Once a fmal development plan is recorded, any
amendment requested that complies with the limitations of this subsection B
shall be processed in the manner prescribed for original approval.
Based :.l~8S 53.0';.'ing of necessity therefor~, m:i.Lof-d:::3.g:::5 }L :he 10catiBns of 3tn:sWi'es
afl3 thJir ::seessxy uses, fence~J, ~::tfhr<6 :::-eGG, h-:dsxyiE.; and other sitei:r.pro'.'ements
m:::,' be permitted Q-t; GF. "::dr.lin}3:-r::ti';e amendment" bj'~3mmunity develo~ment
ffireetor, :: slieh ::;~::~'i~.~ nJ: :::lffiS-e Gr.:" of the follo\ving cir:::l.':..'lH::ances to occur:
1. Change in th::: :::oo:=a:::ter of the develofY.T.~
3. ~nerease}3. :he intensity (or density) ofuc~.
'1 k3:'X-S: ~r~'the probb:n3 0: circulation, curety and utilities.
1. ~ncrease of the extem:J effects on the adjacent properties.
&: ~nsreas-::: in ill:l-;i.:mu:n kailding height.
.~. ~c3a:::{-i~-: in :.fte.-eF..;in::~~:,' ::~~Fo'.'ed setba:::lm ffon:. perimeter prope:-:y ~-is$:-
~. ~ctlu::;t:oa cf a develo~meffi-s.t::ndQfj on th::: :l-y?foved final develoth'lle-...1.: p-bI:
provided the reduction do:::s I:Jt decrease the developaieffi-st-zaaffi-.tJ ~n ~{Sffi::ffit
less than the requirement on the ~iXOYed outline developm:::n: p-~:rF..
~. Relocat{{)s &f kr:.dscape ar~-cs ';.'hkh. ::tfS required a5 1;)'a~Ter yards or ~3t::1;)~:sh
project :::xrc~
.g. ~nereas::: ir: the gross flo0r :Kea of structures of oyer ten (1 Q) ~ef€,:~nt keyeOO
the :::.lthorizea lTI\:Ii.:r::ur.:i aEJwed 'Nith th~ ~iY.3'.::::a p-~aI::1ed de\'elc~:E.eftt, ~:.l't
not to exceea :::1 :r::::rease often t~oa5:H:d (10,000) sqocre-feet.
20
-l4:--C'~"L.ge of th::: h-:d a-rea de'/oted to a3.j cypr-eved :lG~' :nore tkn ten (10)
percent.
~ D. Any changes or revisions ef-a to an outline or final development plan which
are approved, either administratively or by city council action, must be recorded
with the Jefferson County Recorder as amendments to the original recorded
development plan subject to the deadline provisions of section 26-308.D.4.d.
E. Variances
Variances to the strict application of development standards established by
an outline development plan may be requested only for properties within
single- and two-family planned residential developments, following the
applicable administrative or non-administrative variance process as
Pre-Application
Final
Approval
Requested
Staff Neighborhood
Staff
PC CC
BOA
URPC Notes
Planned
Development: 2 ART
Outline X X H URA
Development Plan H III
(ODP)
Planned
Development:
Final X URA ART III
Development Plan A #- #-
(FOP)
Planned
Development: 2 ART
Outline X X H URA
Development Plan H III
Amendment
Planned
Development:
Final X A #- -#- URA ART III
Development Plan
Amendment
prescribed in Section 26-115.
Section 7. Sections 26-106 (Review Process Chart) is hereby amended as follows:
Sec. 26-106. Review process chart.
21
Section 8. Sections 26-504 and 26-505 are hereby repealed in their entirety.
Section 9. Safetv Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 10. Severabilitv: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 11. Effective Date. This ordinance shall take effect R days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to .....Q
on this 23rd day of April, 2007, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for M,qy 1 L. ,2007, at 7:00 o'clock p.m., in the Council Chambers
. '
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 1 ,this 14thdayof May ,2007.
SIGNED by the Mayor on this 21st day of May ,2007.
/I
r/~ ~j~d
Jo/R'rioIT&(IO, MAYOR
ATTEST:
~,.., \
" " ~
, . \ '\ \-c'-. . ',10 '('(,1"'J \
Michael Snow, City Clerk
( ) \
"'"''''S'''''-- '\~,.)
APPROVED AS TO FORM BY CITY
A TTOItNEy r ~
f )' /' /1
_ ,:" l I /
1 -, 4' ,',I';"" ~-"1~1
/ /' \ . . j , / ..", "
.A,.:.d[, j It... ~/ ~\.. /'
GERALD DAHL, CITY ATTORNEY
22
1st Publication: April 26, 2007
2nd Publication: May 24, 2007
Wheat Ridge Transcript
Effective Date: June 8, 2007
23